Search and Seizure in the Workplace: Is Your Organization Prepared to Seize an Employee's Smart Phone?

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Presented at IAPP 2014 by

Most U.S. privacy professionals stand unprepared to decide when, how and why to search and/or seize e-mail or smart mobile devices in the workplace, and many U.S. corporate legal offices scramble to research the issues before acting. On June 26, 2014, the United States Supreme Court agreed unanimously that police officers “must generally secure a warrant before conducting” a search of a cell phone incident to arrest. This session will kick-start your understanding of this thorny patch of privacy law. What you’ll take away: · A simple workplace search and seizure checklist you can discuss with counsel before you search e-mail, BYOD or company-owned devices · An understanding of employee expectations of privacy on and off the job and what constitutes a reasonable workplace search · An outline of facts and conclusions drawn from key U.S. court cases both recent and past · A couple of thoughts about future devices and this new frontier of workplace privacy